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(영문) 대전지방법원 2015.10.15 2015노1537
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus requires strict punishment. Even though the defendant was not guilty of a fraudulent crime, the defendant again committed the crime of this case without being subject to the suspension of execution is disadvantageous to the defendant.

However, it appears that the defendant is against the truth of the crime of this case and is divided, and that the agreement was submitted to an investigation agency by mutual agreement with the victim C only, and deposited KRW 250,000 for the police officer F and G, who is the other party to the crime of obstruction of performance of official duties of this case, and taking full account of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, the circumstances after the crime, etc., the prosecutor's allegation of

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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